Single & Mirrored Wills
It’s easy to put off finding the time to make a Will. However, it would be a mistake to assume that, without making a Will, your estate will benefit those you care about. By making a Will, you can ensure that you protect your wishes and make proper provisions for your loved ones.
You can avoid legal provisions that create unintended trusts that will need to be administered and therefore create unwanted cost.
There are two ways to own property jointly, i.e. as Joint Tenants or as Tenants in Common. The nature of Joint Tenants means that the property is held equally between the parties. On the death of one joint owner the half share of the property will pass automatically to the survivor. The share of the property cannot be disposed of anywhere else through the terms of a Will. It is often necessary to change the nature of the joint ownership to enable the house to form part of the estate planning process. Changing the ownership to allow more flexible planning does not take away from the owners any beneficial interest. The process is straight forward, signature on a form and registration of the change at the Land Registry. If a property is held as Tenants in Common between joint owners then each owner has the ability to dispose of their share of the asset under the terms of their Will or make lifetime planning arrangements around that share of the property. The shares upon which the beneficial ownership of a property may be held can be unequal or equal and the most common example is where two individuals own their home equally but wish to make sure they protect their half share of it. There are numerous reasons for this; ·
- A wish to provide for children to inherit the share.
- A wish to avoid the share becoming available to fund care fees.
- A desire to shelter the share from inheritance tax.
- Protection from bankruptcy proceedings.
- Protection from remarriage after death.